How the estimated date is worked out
Start = the later of (the date the debt became due) and (your last payment or acknowledgement) Estimated prescription date = start + prescription period
Why this is only an indication
Prescription only starts once the creditor knows who the debtor is and the facts giving rise to the debt. It can be delayed by circumstances such as the debtor being a minor or insolvent, or the parties being married to each other. Court proceedings, acknowledgements and payments can restart or interrupt it. Balawise never declares that a debt has prescribed — get advice from an attorney, Legal Aid South Africa or a debt counsellor before relying on it.
Worked examples
Store account, last paid in March 2022
Most everyday debts prescribe after 3 years. The last payment restarted the period, so the estimated prescription date is 15 March 2025 — unless something else interrupted it.
Prescription is a defence you must raise — it is not applied automatically. If you are sued, tell the court the debt has prescribed. Making a payment or acknowledging the debt now can affect your position, so get advice first.
How the date is worked out
- Debt became due
- 1 November 2021
- Last payment or acknowledgementPrescription starts again from here
- 15 March 2022
- Period runs from
- 15 March 2022
- Plus 3 years
- 15 March 2025
- Today
- 5 November 2026
A judgment debt
Once a court grants judgment, the judgment debt prescribes only after 30 years.
How the date is worked out
- Debt became due
- 1 June 2021
- Period runs from
- 1 June 2021
- Plus 30 years
- 1 June 2051
- Today
- 5 November 2026
Frequently asked questions
After how long does a debt prescribe in South Africa?
Most debts prescribe after 3 years. Debts secured by a mortgage bond, judgment debts and tax debts prescribe after 30 years; certain debts owed to the State after 15 years; and bills of exchange and other negotiable instruments after 6 years.
What interrupts prescription?
An acknowledgement of the debt — including a payment or a written promise to pay — restarts the period. Serving a summons or other court process interrupts prescription while the case continues.
Can a debt collector still collect a prescribed debt?
Under the National Credit Act, a credit provider or debt collector may not sell, or continue to collect, a prescribed debt under a credit agreement. If you are pressured, you can complain to the National Credit Regulator or the Council for Debt Collectors.
Does prescription happen automatically?
No. Prescription is a defence that must be raised — for example in your plea if you are sued. A court will not apply it on its own.